Coronavirus Update 4-1-2020: The mechanics of the tax credit for paid family and sick leave under the FFCRA

One of the questions I have received the most since the passage of the Families First Coronavirus Response Act is how employers claim the tax credit available under the Act for paid leave provided to employees.

Late yesterday, the IRS published a detailed list of FAQs explaining all of the mechanics of this tax credit. I want to focus on the key employment law piece of these FAQ, how an employer should substantiate its eligibility for tax credits, i.e., the documentation you need to keep.

The IRS discusses this important issue in Questions 44 – 46. I’ll break it all down for you here.

Coronavirus Update 3-31-2020: Employers, PLEASE don’t take your employees’ stimulus checks (plus video of yesterday’s Zoominar)

One employer is an anomaly, two is a trend that must be stopped.

Last week, I nominated for the Worst Employer of 2020 an unnamed national restaurant chain that was reported to be stealing (the company called it “absorbing”) its employees’ CARES Act stimulus checks by reducing their scheduled hours in a pro-rata amount.

Now, another employer has been outed with similar plans.

Coronavirus Update 3-30-2020: DOL FAQs on the FFCRA, the threequel (and a Zoominar reminder) #coronavirus

A quick reminder that I’ll be live on Zoom today from 1 - 2 pm ET discussing all things Coronavirus, including the DOL’s most recent additions to its Families First Coronavirus Response Act FAQs (part 1 of which I covered here, and part 2 of which I’m covering below).

You can access the Zoominar here: https://zoom.us/j/856368874 (and don’t forget that Norah promised to join for a song at the end).

Now, onto the most recent development—the DOL’s weekend additions to its coronavirus paid family and sick leave FAQs (maybe its last before the law’s 4/1 effective date).

Here’s what the DOL has to say about some very important open issues.

Coronavirus Update 3-27-2020 number 2: More answers from the DOL on the FFCRA, and another Zoominar

Late yesterday, the DOL published a second round of FAQs (numbers 15-37) answering more questions on the operation of paid family and sick leave under the Families First Coronavirus Response Act.

Here’s what the DOL has to say:

Coronavirus Update 3-27-2020: How are we feeling? #CoronavirusCoping

After a week of self-imposed quarantine in my home, and a week of mandatory sheltering in place by the State, now is as good a time as any to tell everyone how I’m holding up, and also to ask everyone, “How are you?”

First me.

The truth is, I’m not great. I’m tired, I’m stressed, and I’m worried.

Coronavirus Update 3-26-2020 number 2: Is the DOL’s FFCRA notice correct as published?

The speed at which the coronavirus news cycle moves is dizzying.

Is it possible that the DOL’s FFCRA Employee Rights Poster is correct as published, even with it listing a $12,000 cap for paid family leave?

Coronavirus Update 3-26-2020: A coronavirus Q&A and the DOL’s FFCRA notice (with a big ol’ typo)

Yesterday I held my first Zoominar. (Is this an actual word, or did I just make it up?) I opened up my Zoom room for the first 100 people to join and ask any coronavirus-related employment law questions they wanted. I shared #MyQuarantineHaiku (see below), saw some familiar faces, met some new old friends, and answered dozens of questions.

If you weren’t able to join or couldn’t get in, you can watch it here:


Also yesterday, during my Zoominar, the DOL published its required Employee Rights poster for the Families First Coronavirus Response Act. You must post it alongside your other employment law posters no later than April 1, and email it to those employees that are currently working remotely. But you might want to brush up on your PDF editing skills before you do so, because the DOL’s model poster has a big ol’ typo. In describing the paid leave entitlement for employees taking time off to care for children, the DOL lists the maximum dollar cap as $12,000 instead of $10,000. A big mistake, and one we will assume the DOL will fix soon. (Thanks to Eric Meyer for pointing this out to me.) You can also bring it to the DOL’s attention on one of its FFCRA twitter chats, or on the online forum it is hosting.

Two more things. First, I will be hosting another Zoominar this coming Monday, March 30, from 1 – 2 pm. And this time I won’t be caught off guard by the questions about how my daughter’s band, Fake ID, is weathering the coronavirus storm. In fact, she’s promised to join and perform a song for everyone. You’ll be able to access the Zoominar here.

Finally, #MyQuarantineHaiku.

Day-time pajamas

I don’t have hair to pull out 

Night-time pajamas

Be well and stay safe. I’ll see everyone tomorrow.